How Substance Abuse Impacts Divorce in Colorado

Divorce is never easy, but when substance abuse enters the picture, it can add layers of complexity and emotional turmoil to an already challenging process. As a Denver-based family law firm, Goldman Law has seen firsthand how substance abuse can profoundly impact divorce proceedings, child custody arrangements, and the overall well-being of families.

Let’s dive into the intricate web of substance abuse and divorce in Colorado, exploring the legal, emotional, and practical implications for those navigating this difficult terrain.

The Intersection of Substance Abuse and Divorce

Imagine a scenario where Sarah and Mike, a couple in their mid-30s living in Denver, have been married for 10 years. What started as casual drinking for Mike slowly spiraled into a full-blown alcohol addiction. Sarah, exhausted from years of broken promises and unpredictable behavior, finally decides to file for divorce. Their story is not unique – it’s a scenario that plays out in countless Colorado homes.

Substance abuse, whether it involves alcohol, prescription drugs, or illicit substances, can erode the foundation of even the strongest marriages. According to the University of Buffalo Research Institute on Addictions, alcohol and substance use is a top reason for divorce — the third biggest reason for women and eighth biggest for men.

In Colorado, where the craft beer scene thrives and marijuana is legal, the temptation and accessibility of substances can exacerbate existing problems. However, substance abuse is a complex issue that’s more than just the environment. It deserves a thorough, multifaceted approach, especially when it affects a marital relationship or the wellbeing of family members.

Can Substance Abuse Be Grounds for Divorce in Colorado?

Colorado is a “no-fault” divorce state, which means that spouses do not need to cite wrongdoing or misconduct as a cause of divorce. The only legal reason for divorce in Colorado is that the marriage is “irretrievably broken,” thus, substance abuse cannot be cited as official grounds for divorce. However, this doesn’t mean that substance abuse is irrelevant in divorce proceedings.

While substance abuse may not be grounds for divorce in Colorado, it can significantly impact various aspects of the divorce process, including:

• Child custody and visitation rights
• Division of marital asset
• Spousal maintenance (alimony)
• Child support calculations.

Let’s take a closer look at the effects of substance abuse on these various divorce matters.

Child Custody and Substance Abuse in Colorado

In child custody cases, Colorado courts prioritize the child’s best interests above all else. If one parent struggles with substance abuse, it can dramatically affect custody decisions. The substance abuse problem raises significant concerns about the parent’s ability to provide a safe, stable, and nurturing environment for their children.

Here are several ways substance abuse can affect custody decisions:

• Limited parenting time: A parent with active substance abuse issues may receive reduced parenting time or may only be granted supervised visitation to ensure the child’s safety.
• Decision-making responsibility: Courts may be reluctant to award joint decision-making authority to a parent struggling with addiction, particularly for important matters like education, healthcare, and religious upbringing.
• Safety measures: The court may impose certain conditions such as mandatory drug testing, completion of substance abuse treatment programs, or attendance at support group meetings, before allowing unsupervised time with children.
• Modification of existing orders: If a substance abuse disorder arises after a custody order is in place, it can be grounds for modifying the existing arrangement.
• Temporary or permanent loss of parental rights: In severe cases where a parent’s substance abuse poses a significant threat to a child’s well-being, the court may terminate parental rights.

When deciding on child custody with regard to a parent’s substance abuse, the court will consider various factors including:

• The nature and severity of the substance abuse
• Its impact on the parent’s ability to care for the child
• The parent’s commitment to treatment and recovery
• Any history of relapses
• Expert testimony from mental health professionals or addiction specialists.

Note that Colorado courts generally favor keeping both parents involved in a child’s life when it’s safe and appropriate to do so. If a parent demonstrates a commitment to recovery and maintains sobriety, they may be able to modify custody arrangements over time.

Financial Implications: Asset Division and Substance Abuse

Substance abuse doesn’t just affect emotional bonds; it can have significant financial repercussions that spill over into divorce proceedings. In Colorado, marital property is divided according to the principle of “equitable distribution,” which means the division should be fair but not necessarily equal. When substance abuse is a factor in divorce, it can significantly impact how marital property is divided.

Here are ways that substance abuse can affect property division:

• Dissipation of marital assets: If one spouse has used marital funds to support their addiction, the court may consider this as “dissipation” or wasting of marital assets. In such cases, the court might award a larger portion of the remaining assets to the other spouse to offset this wasteful spending.
• Impact on earning capacity: Substance abuse can affect a person’s ability to maintain employment or advance in their career. This reduced earning capacity might be taken into account when dividing assets, potentially resulting in a larger share for the spouse who has been financially disadvantaged by their partner’s addiction.
• Debt allocation: If significant debt has been accrued due to substance abuse, the court may assign this debt solely to the spouse with the addiction, rather than dividing it equally. An example is credit card debt from purchasing drugs or alcohol.
• Business valuation: If the couple owns a business and one spouse’s substance abuse has negatively impacted its value or operations, this could be factored into the overall property division.
• Consideration of future needs: The court may consider the future financial needs of each spouse, including potential ongoing treatment costs for the spouse with substance abuse issues.
• Safety concerns: If substance abuse has led to domestic violence or other safety issues, this might influence decisions about who retains the family home or other shared property.

The court will look at various factors when making these decisions, including:

• The duration of the marriage
• Each spouse’s contribution to the acquisition of marital property
• The economic circumstances of each spouse at the time of property division
• Any depletion of marital property by either spouse.

In cases involving drug or alcohol abuse, it’s crucial to provide clear documentation of how the addiction has impacted the family’s finances. This might include bank statements showing unusual withdrawals, receipts for substance-related purchases, or evidence of lost income due to addiction.

While the goal is always to achieve a fair division of assets, the presence of substance abuse can complicate this process. That’s why it’s essential to work with an experienced divorce attorney who understands how Colorado courts handle these complex situations and can advocate effectively for your interests.

The Road to Recovery: Treatment and Its Impact on Divorce

While substance abuse can complicate divorce proceedings, it’s important to remember that recovery is possible. Many Coloradans successfully overcome addiction and rebuild their lives and relationships.

Court-Ordered Treatment

In some cases, Colorado courts may order a spouse to undergo substance abuse treatment as part of the divorce process, especially when children are involved. This might include:

• Inpatient or outpatient rehabilitation programs
• Regular attendance at support group meetings (such as with Alcoholics Anonymous or Narcotics Anonymous)
• Individual therapy or counseling
• Random drug testing.

Compliance with these orders can significantly impact custody arrangements and potentially influence financial settlements.

Voluntary Treatment and Its Benefits

Even when not court-ordered, voluntarily seeking treatment for alcohol or drug abuse can have positive effects on divorce proceedings. It demonstrates a commitment to personal growth and responsibility, which courts often view favorably.

For example, let’s say a divorcing dad voluntarily entered a rehabilitation program for his alcohol addiction before his divorce was finalized. His proactive approach not only improved his health but also positively influenced the court’s decisions regarding custody and visitation rights.

Protecting Yourself and Your Children

If you’re considering divorce and your spouse struggles with alcohol or drug abuse, it’s crucial to take steps to protect yourself and your children:

1. Document everything: Keep a detailed record of incidents related to your partner’s substance abuse, including dates, times, and any witnesses.
2. Seek support: Connect with support groups like Al-Anon or Nar-Anon, which are designed for families of individuals struggling with addiction.
3. Prioritize safety: If you ever feel unsafe due to your spouse’s substance abuse, don’t hesitate to reach out to local resources like the National Domestic Violence Hotline.
4. Consult with a family law attorney: An experienced attorney can guide you through the complexities of divorcing a spouse with substance abuse issues.

The Role of Mediation and Collaborative Divorce

Even in cases involving substance abuse, alternative dispute resolution methods like mediation or collaborative divorce can sometimes be effective. Collaborative divorce is an approach where the spouses cooperatively negotiate for acceptable resolutions instead of fighting each other in court. One of the tools of collaborative divorce is mediation, where a neutral third party facilitates the spouses’ discussions.

A collaborative approach can:

• Reduce conflict and emotional stress
• Provide a more private setting to discuss sensitive issues
• Allow for creative solutions tailored to your family’s unique needs.

However, it’s crucial to ensure that both parties are in the right mindset for these processes. If active addiction is still an issue and makes either party uncooperative, traditional litigation might be necessary to protect the interests of all involved, especially children.

In addition, many situations around substance abuse also involve domestic violence. If a family member’s physical safety is at risk, mediation may not be the most suitable approach.

Can Substance Abuse Affect Spousal Maintenance (Alimony) in a Colorado Divorce?

Yes, substance abuse can significantly impact spousal maintenance, also known as alimony, in a Colorado divorce. Because Colorado is a no-fault divorce state, substance abuse itself is not a determining factor in the court’s alimony decisions. However, this issue can influence various elements that courts consider when making decisions about spousal maintenance.

Here’s how substance abuse can affect alimony determinations:

• Impact on earning capacity: If substance abuse has led to job loss or reduced earning capacity for either spouse, this can influence alimony calculations. For the spouse with addiction issues, the court might impute (attribute) income based on their earning potential rather than their actual earnings if substance abuse has impacted their work.
• Financial need: If the substance abuse has led to significant financial hardship for one spouse (often the non-addicted spouse), this increased need might be factored into alimony decisions.
• Length and amount of support: The duration and amount of substance abuse treatment needed might influence the length and amount of spousal support awarded. For instance, if one spouse requires long-term rehabilitation, this could potentially extend the duration of support.
• Marital standard of living: Substance abuse can dramatically alter a couple’s standard of living. Courts typically aim to help the lower-earning spouse maintain a lifestyle reasonably comparable to the marital standard of living, which may have been impacted by addiction-related spending.
• Health and age of the parties: If substance abuse has led to health issues for either spouse, this could be considered when determining the amount and duration of alimony.
• Dissipation of marital assets: If one spouse’s substance abuse led to the waste of marital assets, this might be factored into alimony calculations as a form of compensation to the other spouse.
• Ability to pay: If the substance abuse has significantly impacted the higher-earning spouse’s ability to pay support, this would be considered by the court.

Contact Goldman Law for Legal Help on Divorce Affected by Substance Abuse

Whether you’re a husband or wife divorcing your spouse with substance abuse issues, or you’re a spouse currently struggling with this affliction, you have legal rights. With the right support, legal guidance, and resources, it’s possible to navigate this difficult terrain and emerge on the other side with hope for a brighter future.

Reach out to us at Goldman Law for legal help. We have handled family law matters for decades now, and we understand the complexities of divorces involving substance abuse. Our experienced team is here to guide you through every step of the process, ensuring that your rights and interests are protected.

If you’re facing a divorce complicated by substance abuse issues, don’t hesitate to call us at (303) 656-9529 for a consultation.